Per- and Polyfluoroalkyl Substances (“PFAS”)

A Rapidly Evolving Regulatory, Policy, and Litigation Issue

For decades, PFAS compounds have been used in the production and composition of a multitude of products, due to highly useful chemical properties. Evolving science has raised questions, however, and now these chemicals are under close scrutiny in the regulatory, legislative, and litigation arenas, with high-stakes action underway on multiple fronts. Businesses across the country face ever-increasing challenges in complying with new legal requirements, understanding legal exposures, defending against proliferating litigation, applying new assessments in business transactions, and managing business risks.

Lewis Brisbois’ attorneys bring multidisciplinary experience to this complex, fast-changing set of issues. Our team includes former government officials and attorneys, lawyers with technical experience, and former in-house counsel, working together with experienced litigators and transactional practitioners in a collaborative approach tailored to the needs of each individual client.

Our attorneys are currently engaged with clients in multiple, high-profile state and federal PFAS cases, and are well prepared to assist clients in court, before federal and state regulatory agencies and legislatures, and in a broad array of commercial transactions.

Representative Matters

Lewis Brisbois served as local counsel to a manufacturer of fire protection products in individual and class action lawsuits filed in Colorado and across the country. The Colorado consolidated complaint contended that Aqueous Film Forming Foam (AFFF), which allegedly contained perfluorooctane sulfonate (PFOS) and/or perfluorooctanoic acid (PFOA), was used at Peterson Air Force Base and had contaminated the groundwater in surrounding communities. The cases ultimately were transferred to federal court in South Carolina, where the manufacturer’s national counsel assumed the lead role.
Lewis Brisbois represented a seller of non-stick cookware in a consumer fraud and breach of warranty action arising from advertising materials indicating that the cookware was PFOA-free. The plaintiff in the matter was unwilling to appear for deposition – purportedly because of a recently discovered medical condition – and recently dismissed the suit.
Lewis Brisbois is currently defending a pre-litigation claim that its food and beverage company client distributed, sold, or offered for sale noodles that violated California’s Health & Safety Code section 10900 and California’s Business & Professions Code section 17200 et seq. because the packaging for the food product contained above 100 parts per million PFAS, as measured in total organic fluorine.
Lewis Brisbois is currently representing a turnout gear manufacturer in more than 400 PFAS tort lawsuits in an MDL proceeding involving at least 10,000 plaintiffs.